Ramesam, J.

1. Of the above petitions C.M.Ps. Nos. 1338 and 1339 of 1929 are applications for leave to appeal to the Privy Council against our judgments and decrees in A.S. Nos. 244 and 245 of 1922, respectively. C.M.P. No. 1340 of 1929 is an application under Order 45, Rule 4 of the Civil Procedure Code for a consolidation of the other petitions for purposes of pecuniary valuation and hearing. It is convenient to take up the third petition in the first instance, as the disposal of the other two petitions depends upon the disposal of this to a certain extent. Under Order 45, Rule 4 of the Civil Procedure Code we have power to consolidate the two suits for purposes of valuation, if they are decided by the same judgment. In the High Court they are undoubtedly decided by the same judgment, but it is objected by the learned Government Pleader that they were not decided by the same judgment in the Lower Court and therefore Order 45, Rule 4 does not apply. But in the first place I think the word "judgment" in Order 45, Rule 4 means the judgment appealed against and has nothing to do with the judgments of the Courts below. (Vide Deokinandan Prasad v. Narsing Rant (1921) 6 Pat.L.J. 97.